Some Do’s and Don’ts
1.Tread lightly.You may well be taking something you totally have a right to take, but that doesn’t mean that other people won’t feel they have had something stolen from them, and feel aggrieved. Whenever you deal with other people, be gentle in your manner. There is no point in being forceful and hostile, particularly when the legislation actually falls in your favour. Oh, and the fact that you clearly seem to know what you are doing, and the person arguing with you clearly doesn’t won’t help. Most people feel threatened by people with superior knowledge, particularly if this puts them at a disadvantage. Don’t add this to the mix.
2.Get good information, and ensure this is valid and up to date. The biggest example of this is how long it takes to claim land. It is 12 years. It doesn’t matter if the land is registered or not, it is still 12 years. The only major difference between the two is that for unregistered land, you can only claim after the 12 years have actually elapsed, for registered land, you claim after 10 years, but they allow the further 2 years for any owner to dispossess you. So the total is still 12 years. There are no variations on this…ever. In the past, it was still 12 years, but you could claim after possession after 6 years and get a possessory title which could be made full after the other 6 years.
3.Don’t go in like a bull at a china shop, knocking on all the neighbours doors, asking questions, telling the whole world that that little piece of land really doesn’t have an owner, and may be up for grabs. In some cases you may have to act without taking what seems like the most obvious step of all. But better to take a risk than to find that your attempt to gather information and be thorough actually means that someone else gets in there first, and gets that piece of land. If you’re reading this, then they may be as well.
4.Don’t do this at half cock. If you’re committed to finding some land you need to put some serious effort into this process, and when it comes to actually taking possession you need to actually spend time at the site, demonstrate your possession of it, and actively have a presence there to prove your ongoing possession. Oh, and don’t forget you need to do continue to do this for a mere 12 years.
5.Don’t make the very simple mistake of thinking that just because land is unregistered, it doesn’t have an actual owner. Most unregistered land will have, and you have absolutely no justification or grounds to attempt to claim it. Find something that’s clearly abandoned. There’s plenty of it out there.
6.Do good research, and plan to do this over a period of time. If nothing else, establish that the land has clearly fallen out of use, and gather evidence of this. All this will then help you to prove your possession, and use of the land at a later stage. You will need to do this.
7.First past the post will always be the winner. Whatever you do with some land, be decisive. You’re either on it, or you’re not. And if you’re not, then someone else, alerted by your actions may decide its time for them to act. Oh, and thanks for clearing all that undergrowth, rubbish etc. Very helpful.
8.Accept that there may be a very strong chance that you will lose, and that bit of land you’ve coveted for years actually does have an owner, and no, they don’t want you to have it. All the effort you’ve invested as well as any other costs you’ve incurred are now history. You lost. Move on, and hopefully find somewhere where you will be able to keep it. You won’t know how successful you are, or how many times you have to go through this process until you start.
9.Have lots of protection, both of yourself, and the land itself. CCTV, go-pro’s trail camera’s. Make sure you and the land are covered. Ensure that if any confrontation does have to take place with a disgruntled landowner, you have set it up so it’s already covered by three camera’s. And make sure they are well aware of this.
10.Stay on the side of the law. It’s actually often in your favour, and your protection. Oh, and whatever your perspective on land ownership and historical rights as well as politics, wealth distribution and any other issue you can add to the mix, keep it as far away from this as possible. The only thing that matters here is how the law works, and how it works for, or against you. The rest, while it may underlie your motivation, and intentions matters not one jot. Lecturing your farmer neighbour about vegan politics may feel justified, but isn’t likely to win you any friends. And he may not rock up when your living van gets stuck in the mud, and he has the biggest tractor around.
11.Be absolutely clear about what you are doing, and if necessary, what your legal position is. If you’re not sure of anything, or confident of your facts, get familiar with them till you know them backwards. This site is here to help you, but the legal situation has been barely covered here. However the internet has a wealth of information. I say this because there are so many times I start talking about this with someone, and the moment they open their mouth, I immediately realise they clearly know nothing at all. If you’re ignorant, you’re potentially vulnerable. Your commitment to doing this has to take many forms. This is one of them